Research On Civil Damages For Domestic Violence In China

Domestic violence is widespread and has serious harm.Although there is The Anti-Domestic Violence Law of the People's Republic of China,most of the victims of domestic violence still have no relief.The legislative provisions for civil liability of domestic violence are inconsistent,which may lead to conflict of law application.Based on the sample of 300 judgment documents related to civil damages for domestic violence in 2017--2019,from the case cause and the reasons why courts support or deny civil damages for domestic violence,it can be seen that there are conflicting civil damages for domestic violence in judicial practice due to the lack of clear legislation on civil damages for domestic violence.It is more difficult for victims to obtain civil compensation for domestic violence.Some judges can't realize civil damages of domestic violence are damages of general personal tort,so they easily tie the civil damages of domestic violence with the dissolution of marriage.Therefore,by analyzing the particularity of civil damages for domestic violence,studying the legislation and judicial situation of civil damages for domestic violence,the author suggests that the legislation should be clear about the civil damages system of domestic violence and extremely legal property system and creditor's rights document system are used to solve the obstacles to the implementation of the joint property of husband and wife,and the civil damages for domestic violence should be recognized as the general personal tort damages in the judicature.Hopefully,this paper will improve the research on civil liability for damages in domestic violence in China,eliminate the conflict between laws on civil liability for damages in domestic violence,guide the judicial practice to achieve a unified judicial judgment,and provide effective legal relief for victims of domestic violence.